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B-192522 1 (1979-01-30)

handle is hein.gao/gaobadgwj0001 and id is 1 raw text is: 3 .THE COMPTROLLERGE RA DECISION . OF THE UNITED STATES WASHINGTON, . C. 20548 FILE: B-192522 DATE: Jnnuary 30, 1979 MATTER OF: Robert A. Young - Fly America Act - Traveler's Liability A'~l it) ;s /'-sl I1-t 4iost DIET C~ in T.~ ,r er.'L cr. i, /ONJon DIGEEST: Employee who travels overseas on foreign air carrier when service by certified U.S. carrier sufficient for agency's needs is available in violation of Fly America Act is personally liable for cost. Traveler's preferences or convenience does not determine availability and he may not be relieved of liability because of ignorance of law or because others made travel arrangements. Moreover he has a duty to comply with the Act and he may not defeat its purpose and avoid liability by scheduling travel at his dis- cretion when no constraints are imposed by agency. Ms. Wilma Hartley, an Authorized Certifying Officer, has requested a decision as to the liability of Mr. Robert A. Young, Comptroller, Defense Property Disposal Service, for the cost of international travel on a foreign air carrier under the provisions of section 5 of the International Air Transportation Fair Competitive Practices Act of 1974, Pub. L. 93-623, January 3, 1975, 88 Stat. (Part 2) 2104 (49 U.S.C. 1517 (Supp. V, 1975)) - more commonly known as the Fly America Act. Departing on November 3, 1976, Mr. Young flew on official business from Battle Creek, Michigan, to Frankfurt, Germany. Travel from Battle Creek to Europe is usually routed through Detroit, Michigan. However in this instance, apparently at the traveler's request, he was routed through Chicago, Illinois, and was originally scheduled to fly from Battle Creek to Chicago on Air Wisconsin, from Chicago to London, England, on Pan American, and from London to Frankfurt on Lufthansa. The file does not show the originally proposed departure time or that his agency imposed any constraints in this regard, but Mr. Young requested a change in his schedule on that grounds that he did not want to leave until late afternoon so that he could spend a complete day at his duty station. He also indicated that he preferred not to go through JFK in New York City. His reservations were changed accordingly and his voucher indicates that he actually departed Battle Creek at 4:00 p.m. on the third and flew to Chicago on Air Wisconsin. From Chicago he flew on Lufthansa to Frankfurt, arriving at 12:55 p.m. on the fourth.

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